of July 22, 2004 No. 282-XV
About the mode of precious metals and gemstones
The Parliament adopts this organic law.
This law establishes the legal basis of the mode of precious metals and gemstones, determines policy of the state in the field of activities with precious metals and gemstones, determines the purposes, the principles and features of state regulation of activities of legal entities and physical persons in this sphere, powers of bodies of the public power, the status of the state assay supervision, and also establishes the state control of production, use and the address of precious metals and gemstones.
The principles of state regulation of activities with precious metals and gemstones are:
a) ensuring compliance with the rights of the business entities performing the activities connected with precious metals and gemstones;
b) unity of state policy in the field of activities with precious metals and gemstones;
c) the state supervision of activities with precious metals and gemstones;
d) observance of the property right to products from precious metals and gemstones.
(1) the Legal basis of the mode of precious metals and gemstones is constituted by the Constitution of the Republic of Moldova, this law and other laws, resolutions of Parliament, presidential decrees of the Republic of Moldova, ordinances and the orders of the Government, other regulations in this sphere, and also the international agreements, one of the parties of which is the Republic of Moldova.
(2) If the international agreement, one of the parties of which is the Republic of Moldova, contains the rules other than the precious metals and gemstones provided by the national legal system on the mode provisions of the international agreement are applied.
In this law the following basic concepts are used:
precious metals - gold, silver, platinum and metals of platinum group (palladium, iridium, rhodium, ruthenium, osmium), irrespective of condition and type in which they are, including in the native and cleared type, and also in raw materials, alloys, semifinished products, industrial output, chemical compounds, scrap and production wastes and consumption;
gemstones - natural diamonds, emeralds, rubies, sapphires, alexandrite and natural pearls (except for river and lake) in the natural and processed type, and also unique amber educations;
products from precious metals and gemstones - products from alloys of precious metals with use of different types of art processing, with inserts from gemstones and other materials of natural or artificial origin or without them, applied as different jewelry (rings, bracelets, necklace, brooches, earrings, chains, charms, etc.), objects of private use (cigarette cases, snuffboxes, powder boxes, bonbonnieres, lighters, points, hours, etc.), household items and/or the intended for the cult and decorative purposes, other products;
values - precious metals and gemstones, products from them;
ingots - the gold, silver, platinum and palladium merged in special forms which conform to the national standards and specifications on gold, the silver, platinum and palladium operating in the territory of the Republic of Moldova, or international standards, accompanied with the quality certificates of precious metals issued by authorized body;
investment, commemorative, anniversary coins - products from precious metals of certain form, weight and test which conform to the national standards and specifications operating in the territory of the Republic of Moldova, or to international standards, accompanied with authenticity certificates;
monetary gold - part of the financial gold used as asset which the National Bank of Moldova stores as the international reserve of the state;
the scrap containing precious metals - the details, nodes, products and materials containing the precious metals which lost the functional purpose and/or consumer properties and unsuitable to proper use;
the waste containing precious metals - the production wastes and consumption in any kind and condition containing precious metals;
use of precious metals and gemstones - use of precious metals and gemstones in financial, production, scientific, welfare and other purposes;
the state assay brand - the state assay brand established in the Republic of Moldova applied on jewelry and other products from precious metals and certifying test of precious metals;
branding - drawing the state assay brand on jewelry and other products from precious metals;
approbation of precious metals - determination of test of jewelry and other products from precious metals by the established methods;
test - the alloy value specifying quantity of weight units of the main precious metal in one thousand weight units of alloy;
mark (personal sign of the manufacturer) - the special sign specifying the producer on finished jewelry and other goods from precious metals, registered in the special register;
examination of precious metals - determination of quality and/or quantity characteristics of metals by body, the given right to confirm compliance of products (products) from precious metals to national standards and specifications, with registration in need of results in the form of the act or the quality certificate;
diagnostics of gemstones - determination of quality and quantity characteristics of gemstones, including for their classification and/or cost determination;
assessment of gemstones - cost determination of gemstones on the basis of results of diagnostics;
conversion of precious metals - extraction of precious metals from scrap and waste, the chemical compounds, concentrates and semifinished products containing precious metals;
refining - process of clarification of precious metals from impurity and the accompanying components, finishing them to the corresponding national standards and specifications operating in the territory of the Republic of Moldova or international standards;
special accounting - maintaining the special register of the legal entities and physical persons performing activities with precious metals and gemstones and also the legal entities and physical persons which are engaged in lombard activities;
pledge of products from precious metals and gemstones - pledge of products from precious metals and gemstones in pawnshop and financial institutions for receipt of the loan (credit);
activities with precious metals and gemstones - transactions which subject are: industrial conversion of precious metals and gemstones, including the scrap and waste containing precious metals; production, repair (restoration) of jewelry and other products; purchase, sale, pledge (pledge), storage, import and transfer to the Republic of Moldova and export and transfer from the Republic of Moldova of precious metals and gemstones and products from them; examination and branding of jewelry and other products from precious metals and gemstones; other transactions with precious metals and gemstones and products from them.
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